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    • Hi I have received not one but three of the same PAP letters (just different amounts and details) from Moriarty Law, allegedly for three different ADCB credit cards taken out in UAE in 2009 for a total debt they claim is now almost 200,000 pounds across the three accounts.  I think I may have had one credit card from them, but there was nowhere near that amount outstanding, if anything, when I left the UAE for good on September 30, 2010. There is a difference with my case, however and I need some advice.  I have lived in Hong Kong since 2012 (I am a permanent resident there) and the letters have been sent to my elderly mother's address, which is where my UK bank account is registered, and have been forwarded to me. Though they are dated August 20 and 21 I only received them yesterday. There are also two follow-up "Final demand before proceedings letter" both dated September 8. In previous years there have only been various DCA letters sent which have all been ignored My queries are this: 1. What would happens if the letters were returned with a note that this person is "no longer lives at this address" - moved abroad” 2. Or should I return the PAP reply form anyway as set out on this forum but with no address on it (it might confuse them with a Hong Kong stamp on the envelope I guess) 3. If I do that, should I send the three forms separately or together? 4. Should I return it saying I have left the country adn not to send any more correspondece to my old address? 5 Or is there any other advice you can give.  I am not sure if I reveal that I am in Hong Kong that could stop UK proceedings, could I have a CCJ in absentia and could it be enforced, or whether could chase me for it in Hong Kong which has a similar statue of limitation law to UK? Thanks for any speedy advice. Time is short because it takes four or five days for post to get between UK and HK.        
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Forgive me if I'm rambling, but can someone point me to some advice about power of attorney.

 

My aunt has vascular dementia and her faculties are not good. She has issues with her short term memory and now long term is starting to be affected.

 

My wife and I have been looking after her for the last 14 years, but the dementia has only been over the last year.

 

Auntie owns a cottage and a small amount of land. We are now having issues with her step family - they're all coming out of the wood work and you can probably guess why.

 

We've finally got her gp to diagnose the dementia and are taking her to the dementia liaison service tomorrow.

 

We're hoping she will understand that she has dementia and we want to take steps to ensure she is being taking cared of properly and not going to be taken advantage of.

 

Boris


Frederickson - CCA Sent 11/4/07 - Lost - Claiming back from post office

Connaught Collections - CCA Sent 11/4/07 - No Agreement - returned to client

Lowell - CCA sent 11/4/07 - No agreement - returned to client

Moorcroft - CCA Sent 11/4/07 - No Agreement - returned to client

Red Castle - CCA Sent 11/4/07 - Copy returned but no T&C's

Robinson Way - CCA Sent 16/5/07

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HI.

 

I'm sorry to hear about Auntie, dementia is a horrible disease. I hope the liaison service can point you in the direction of what to do.

 

The same happened with my mother, luckily the carers called in a special mental health unit and a psychiatrist made the diagnosis which the Court of Protection accepted.

 

Did Auntie sign a Lasting Power of Attorney or are you starting from scratch?

 

By the way, some of the most helpful advice I had was from the local Age UK office, they were really good.

 

HB


Illegitimi non carborundum

 

 

 

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Thanks Honeybee,

 

I've just got off the phone to her solicitors, so its on their radar now.

 

We have a bit of a plan, but it depends on the outcome of tomorrow's appointment. If it goes well and she understands that there is a problem, then we can suggest that her solicitor comes out to visit her - to check things are ok and to have a general chat.

 

If it goes the other way and it's deemed that she is too far down the line to make a concious decision, then the alternative is via the courts with a deputy arrangement, can't remember what the solicitor called it.

 

We moved near to her in early 2000's when she had a major operation to look after her, it's just the last couple of years, with the last few months in particular (sorry just feeling it bit as I'm typing). She wrote a pantomime when she was a head teach in the 70's and she gave it to my drama group to do. She can't even remember who wrote it now.

 

My wife is the main beneficiary in her will, which was done over 10 years ago, so we have no issues and just want to do whats best for her and keep those who are coming out of the woodwork just because she is nearing the end of her life.

 

Sorry I'm rambling, but this is the only way I can express myself.

 

Boris


Frederickson - CCA Sent 11/4/07 - Lost - Claiming back from post office

Connaught Collections - CCA Sent 11/4/07 - No Agreement - returned to client

Lowell - CCA sent 11/4/07 - No agreement - returned to client

Moorcroft - CCA Sent 11/4/07 - No Agreement - returned to client

Red Castle - CCA Sent 11/4/07 - Copy returned but no T&C's

Robinson Way - CCA Sent 16/5/07

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If your aunt hasn't made a power of attorney and you are starting from scratch the GOV.UK advice is a good starting point.

 

 

https://www.gov.uk/power-of-attorney

 

 

One key point is that your aunt can only make a power of attorney now if she still has mental capacity. It might be worth discussing that with the dementia liaison service. See also the bit about certificate providers.

 

 

If she no longer has sufficient mental capacity to make a Lasting Power of Attorney herself I'm afraid it's rather more complicated. You would need to apply to the Court of Protection to be appointed her 'Deputy'.

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Hi borisbeaver,

 

I made my last post before yours had appeared, but looks like what I said is same as what your solicitor has said. The question of whether your aunt still has the mental capacity to make a Lasting Power of Attorney is the key to what you can do next.

 

She has made a Will, which is good. Just be aware that Wills and Power of Attorney are completely separate things. A Power of Attorney lapses at the point the 'donor' - your aunt - dies. The authority to manage your aunt's financial affairs, if she gives you a pwer of attorney, only lasts while she is alive. When she dies that authority passes to Executors of her Will. You say your wife is the beneficiary under the Will, but who are the Executors?

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Me again, Boris. In case it's relevant, what part of the UK are you in please?

 

HB


Illegitimi non carborundum

 

 

 

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If it goes the other way and it's deemed that she is too far down the line to make a concious decision, then the alternative is via the courts with a deputy arrangement, can't remember what the solicitor called it.

 

A deputy appointed by the Court of Protection.

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